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STAVOLA CONT. CO., INC. v. DARIO CONST. CO.

102 N.J. Super. 581 (1968)

246 A.2d 477

STAVOLA CONTRACTING COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. DARIO CONSTRUCTION COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT. MACH LUMBER, CREDITOR-APPELLANT, v. ALPHONSE J. DALTON AND HELEN P. DALTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 17, 1968.

Attorney(s) appearing for the Case

Mr. Francis A. Margalotti argued the cause for appellant (Mr. Bernard H. Weiser, attorney).

Mr. William Himelman argued the cause for respondents (Messrs. Klatsky, Himelman & Siegfried, attorneys).

Before Judges CONFORD, KILKENNY and MINTZ.

PER CURIAM.

The judgment is affirmed essentially for the reasons stated in the opinion rendered by Judge Lane in the Chancery Division. 98 N.J.Super. 328 (1967).

We add the following. On the assumption of the correctness of claimant's contention that the restraint prohibited filing the lien claim or an enforcement action, claimant nevertheless had from September 28, 1967 to October 23, 1967, before the time bar of...

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